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http://ssrn.com/abstract=1458244
 
 

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Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment's Continued Vitality


G. Ben Cohen


The Justice Center's Capital Appeals Project

Bidish Sarma


University of Califonia, Berkeley School of Law; The Justice Center's Capital Appeals Project

Robert J. Smith


University of North Carolina School of Law

August 20, 2009

Northwestern University Law Review (Colloquy), Vol. 103, p. 456, 2009

Abstract:     
The Supreme Court recently heard arguments in two cases that implicate the Sixth Amendment right to counsel: Montejo v. Louisiana1 and Kansas v. Ventris. Although each case presented a relatively narrow Sixth Amendment right to counsel issue, the subtext of both oral arguments suggests that the Court is rethinking the scope of the Sixth Amendment core values themselves. Since holding that the Fifth Amendment provides for a right to counsel in custodial interrogations, the Court has conflated the Fifth Amendment prophylactic rule with the Sixth Amendment right to counsel. The resulting jurisprudential disorder has prompted several Justices to consider a wholesale collapse of the Sixth Amendment right to counsel at interrogations into the Fifth Amendment Miranda framework. This short essay explains why the Court should resist the temptation to do so.

Number of Pages in PDF File: 8

Keywords: right to counsel, counsel, Sixth Amendment

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Date posted: August 26, 2009 ; Last revised: October 1, 2009

Suggested Citation

Cohen, G. Ben and Sarma, Bidish and Smith, Robert J., Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment's Continued Vitality (August 20, 2009). Northwestern University Law Review (Colloquy), Vol. 103, p. 456, 2009. Available at SSRN: http://ssrn.com/abstract=1458244

Contact Information

G. Ben Cohen
The Justice Center's Capital Appeals Project ( email )
636 Baronne St.
New Orleans, LA 70113
United States
Bidish Sarma
University of Califonia, Berkeley School of Law ( email )
391 Simon Hall
UC Berkeley
Berkeley, CA 94720
United States
The Justice Center's Capital Appeals Project ( email )
636 Baronne St.
New Orleans, LA 70113
United States
Robert J. Smith (Contact Author)
University of North Carolina School of Law ( email )
Chapel Hill, NC 27599
United States
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